TUPE!!!

[Seancallum]

hi. Could somebody advise me on a TUPE question I have. I am about to be tupe’d in July to a different company. I work in key sales for an international manufacturer and I am being tupe’d over to a reseller. My question is that at present and for the last 5 years I have earnt a significant amount of commission year on year and by being tupe’d over to this reseller I think my commissionable earnings are going to half and that will have a significant impact on me. Everything I read about TUPE states that the move can not be detrimental to me and in the case it will be hugely detrimental. The reasons behind the thought I will earn much less is the opportunity you get by working with the recognised manufacturer and the doors that open because of that. Any ideas on a opportunity for me to challenge this TUPE decision ?

[ULA]

From what you have said it appears that you have not been informed of a change in commission structure once you are TUPE’d over but you have a view that the amount you will be able to earn under that existing commission structure will diminish.

Is your current commission structure set out in your contract of employment or original offer letter? I presume it is based on for example a % of sales or a threshold of sales above which commission kicks in. Are there any commission guarantees in your scheme?